Crumble v. United States of America
- Laura Swain
- 1:23-cv-04427
- U.S. District Court · Southern District of New York
- 3
In Crumble v. United States of America, Judge Swain ordered payment or account authorization and denied permission to appeal without prepaying fees.
Michael Crumble, who must either pay the required fees or submit a prisoner authorization within 30 days to avoid dismissal of the action.
What happened
Michael Crumble sued the United States and other defendants while incarcerated and representing himself without a lawyer. In Crumble v. United States of America, he submitted an application to proceed without prepaying filing fees but did not submit the required prisoner authorization.
The court gave Crumble 30 days to either pay $402 in fees or submit the authorization. The authorization would allow installment deductions of the $350 filing fee from his prison account and provide the required account statements. No summons would issue at that time, and the action would be dismissed if he did not comply.
Judge Laura Swain also ruled that any appeal from this order could not be taken in good faith and denied permission to appeal without prepaying fees. The order did not decide the underlying claims.
The detailed version
- Crumble v. United States of America · No. 1:23-cv-04427
- Laura Swain
- May 26, 2023
Background
Michael Crumble brought this civil action against the United States of America and other defendants while incarcerated at Federal Correctional Institution Otisville. He is representing himself. Crumble submitted an application to proceed in forma pauperis (IFP), meaning without prepaying court fees, but did not submit the required prisoner authorization.
Requirements for Proceeding Without Prepaying Fees
The court explained that a prisoner starting a civil action must either pay $402 in fees—a $350 filing fee and a $52 administrative fee—or submit a signed IFP application and prisoner authorization. If IFP status is granted, the Prison Litigation Reform Act requires the $350 filing fee to be collected in installments from the prisoner’s account. The authorization also directs the prison facility to send certified account statements for the previous six months.
Order
Within 30 days of the order, Crumble must either pay the $402 in fees or complete and submit the attached prisoner authorization, labeled with docket number 23-CV-4427 (LTS). No summons will issue at this time. If Crumble complies, the Clerk’s Office will process the case under its procedures. If he does not comply within the allowed time, the action will be dismissed.
Appeal and Disposition
Judge Laura Taylor Swain certified that any appeal from this order would not be taken in good faith and denied IFP status for purposes of an appeal. The order addressed filing-fee and authorization requirements; it did not decide the merits of Crumble’s underlying claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.